ENFORCE21869

• Permit No: M1984094
• IBM Index Class Name: Enforcement
• Doc Date: 1/20/2004
• Doc Name: Board Packet
• From: DMG
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resourrns
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAl(: (303) 8328106
November 26, 2003
Mr. Steve McEvoy
Sanborn Sand And Gravel, Inc.
2001 Platte Drive
Fairplay, CO. 80440
RE: Reason To Believe a Violation Exists, Permit No. M-1984-094
Deaz Mr. McEvoy:
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RECEANATION•NINING
SA/ETyKOFNCE
eai owem
Goremor
Greg E. Walther
Executive DlreTtor
Ronald W. Cattany
Division DiresSOr
Natural Resource Trustee
On November 20, 2003, the Division of Minerals and Geology conducted an inspection of your mine and found
that the operator created a 7.65 acre mining disturbance outside the approved permit boundary.
The Division believes this is in violation of C.R.S. 34-32.5-109 for operating without a permit or C.R.S. 34-
32.5-1 L6(4)(i) for failure to protect areas outside of the affected land fiom damage occumng during the mining
operation.
Therefore, the Division has found reason to believe a violation exists to Permit M-1984-094 and the Law and
has scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the January 21-22, 2004 Board meeting for consideration of
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning
at 10:00 a.m. on the 21st, and 9:00 a.m. on the 22nd, or as soon thereafter as the matter can be considered, and
you will have the opportunity to be represented and heazd. It will be reiterated that there is a reason to believe
that you are in violation of the provisions noted above.
If the Board fords a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount of $1,000 to $5,000 for each day of violation, if the Board finds a violation of C.R.S. 34-32.5-109 or
$100 to $1,000 for each day of violation, if the Board finds a violation of C.R.S. 34-32.5-116(4)(1), or order the
permit be suspended, modified or revoked. In addition it may set the matter for consideration of forfeiture of the
$21,614 financial warranty at a subsequent hearing. If you have evidence indicating that the possible violation
noted above dots not exist or has been corrected, please provide it to us as soon as possible or bring it to the
hearing.
Following the hearing, all parties have an opportunity to review and'comment on a draft of the Boazd's order
before it is issued. If you wish to do so, you must provide the Board a written request to review the draft order
at your heating. You must include your mailing address and, if possible, a fax number or email address. You
will be provided a copy of the draft order for your review as soon as it is available. The Board must receive any
comment within five days following your receipt of the draft order, unless that deadline is extended. Submit all
comments in writing to Tysan Powell, Assistant Attorney General, 1525 Sherman Street, 5t° Floor, Denver, CO
Office ~ ~ ice of Colorado
Mined land Reclamation Active and Inactive Mines Geological Survey